ASHIM KUMAR ROY, J. - (1.) THE petitioners have approached this court for quashing of a chargesheet under Sections 498A/323/325/354/506 of the Indian Penal Code submitted against them in connection with G.R. Case No. 4972 of 2011, now pending before the learned Additional Chief Judicial Magistrate, Barrackpore arising out of Ghola Police Station Case No. 194 of 2011. It is contended that there is no specific allegation in the F.I.R against the present petitioners as to how they have committed the offence punishable under Section 498A of the Indian Penal Code. It is further submitted that several witnesses were examined but they have not corroborated the case of the de facto complainant. Lastly, it is submitted that there was no injury report.
(2.) ON the other hand, the learned advocate for the State vehemently opposed the prayer for quashing and produced the Case Diary. Now, going through the Case Diary and considering the charge sheeted materials, I find that in the First Information Report, there is specific allegation against the petitioners that the de facto complainant was subjected to torture both physically and mentally on demand of dowry and she was assaulted. It is true that in the 161 statement, the witness has not disclosed their direct knowledge as to the offence. Still what they heard from the petitioner certainly would be admissible in evidence under Section 157 of the Evidence Act, if their evidence satisfy the test of veracity. Furthermore, in a case relating to an offence punishable under Section 323 of the Indian Penal Code, it is not always necessary that there must be an injury report. I find no merit in this revisional application and accordingly, the same stands dismissed. Criminal Section is directed to deliver urgent photostat certified copy of this order to the learned advocate of the parties, if applied for, as early as possible.;